Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Bureau has cause to suspend the
certification of a STAR station if any of the following occur:
(1) The STAR station fails to comply with any
of the certification criteria specified in section
3392.2(b) for two
consecutive calendar quarters.
(2)
In the most recently completed FPR reporting period:
(A) The station did not receive a score and
it adds an inspector who did not receive a score.
(B) The station employs an inspector who
received a score less than 0.10.
(C) The station employs an inspector who did
not receive a score and the station's score is less than 0.10.
(D) The station adds an inspector who
received a score less than 0.40.
(E) The station's score is less than 0.40 and
it adds an inspector who did not receive a score.
(3) The STAR station or any Smog Check
inspector maintained in the Inspector Information Table by the station receives
a citation, other than a citation containing only an order of abatement, that:
(A) became final and effective, and
(B) was issued for violation of any of the
following sections: 44012, 44015(a), 44015(b), 44015.5, 44016, 44032, and
44035(b) of the Health and Safety Code; or 3340.15(a), 3340.15(b), 3340.16(a),
3340.16(b), 3340.16.5(a), 3340.16.5(b), 3340.17, 3340.30(a), 3340.35,
3340.41(b), 3340.41(c), 3340.42, 3340.42.2, and 3340.45 of this
chapter.
(4) The license
held by the STAR station, responsible managing employee, any Smog Check repair
technician, or any Smog Check inspector maintained by the station in the
Inspector Information Table receives an order of suspension or a probationary
order.
(5) The STAR station owner,
including any partner, corporate officer, member, director, trustee,
responsible managing employee, Smog Check repair technician, Smog Check
inspector, or any other employee of the station:
(A) is convicted of a crime substantially
related to the duties of an automotive repair dealer, a Smog Check station, or
a Smog Check repair technician or inspector;
(B) is found liable in a civil proceeding,
excluding small claims matters, for acts or omissions that are substantially
related to the duties of an automotive repair dealer, a Smog Check station, or
a Smog Check repair technician or inspector; or
(C) receives a probationary order as a result
of a criminal or administrative proceeding substantially related to the duties
of an automotive repair dealer, a Smog Check station, or a Smog Check repair
technician or inspector.
(6) The STAR station's automotive repair
dealer registration or Smog Check station license expires or otherwise becomes
delinquent.
(7) The STAR station
fails or is unable to provide applicable services specified in section
3392.1.
(8) The STAR station, if located in a basic
or change of ownership area, fails to perform an ASM test and issues a
certificate of compliance to a vehicle registered in an enhanced area that is
owned by an entity other than a motor vehicle dealer licensed by the Department
of Motor Vehicles and located in an enhanced area.
(9) The STAR station fails to allow access
for, or prevents the Bureau from, conducting a physical inspection of the STAR
station to ensure compliance with the requirements established in section
3392.2, subsections
(a)(6)-(10).
(b) If the
Bureau has cause to suspend the STAR certification of a Smog Check test-only or
test-and-repair station, the Bureau shall notify the STAR station, via email or
U.S. mail, and the notice shall state the grounds for suspension, including a
reference to the applicable statute(s) and/or regulation(s), and the term of
suspension.
(c) When the term of
suspension ends, the station may resume operation as a STAR-certified station,
unless otherwise prohibited.
1. New
section filed 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17).
A Certificate of Compliance must be transmitted to OAL by 8-21-97 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 4-23-97 order, including
amendment of subsections (a), (b)(1), (b)(3) and (b)(5)-(6), transmitted to OAL
8-19-97 and filed 9-30-97 (Register 97, No. 40).
3. Amendment of
section heading, repealer and new section and amendment of NOTE filed
4-28-2003; operative 5-28-2003 (Register 2003, No. 18).
4. New
introductory paragraph filed 11-1-2011; operative 11-1-2011 pursuant to
Government Code section
11343.4
(Register 2011, No. 44).
5. Repealer of former section 3392.3 and
renumbering of former section
3392.5.1 to new section 3392.3,
including amendment of section heading, section and NOTE, filed 5-5-2022;
operative 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in
Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.)
Note: Authority cited: Sections
44001.5,
44014.2
and
44014.5,
Health and Safety Code; and Section
9882,
Business and Professions Code. Reference: Sections
44014.2,
44014.5
and
44014.6,
Health and Safety Code.
